Title 505 | Chapter 001 | Regulation 210
505 KAR 1:210.Restraints and control methods.
Section 1.
Definitions.(1)
"Planned use" means the prearranged use of a chemical agent or conductive energy device to prevent loss of life, injury to staff or juveniles, damage to state property, escape, or to maintain the secure and orderly operation of the facility.(2)
"Reactive use" means the emergency use of a chemical agent or conductive energy device in response to a specific act to prevent loss of life, injury to staff or juveniles, damage to state property, or escape.Section 2.
Restraint or Control Actions.(1)
In addition to verbal commands and de-escalation, the restraint or control actions allowed shall include physical restraints, mechanical restraints, chemical agents, shields, and conductive energy devices including stun shields.(2)
The restraint or control action shall not be used as punishment.(3)
Staff shall not use any force-related equipment other than what is authorized.(4)
Only the minimum force necessary to accomplish the control action shall be used.(5)
Staff shall use only reasonable force to control the juvenile during a physical restraint.(6)
A show of force may be employed if it is deemed practical and appropriate to the situation. A show of force may include maneuvering by the cell entry team or display of force and equipment available for use if the necessity arises.Section 3.
Mechanical Restraints.(1)
Authorized mechanical restraints shall include handcuffs, flex-cuffs, leg shackles, waist chains, and other items authorized in writing by the commissioner of the department.(2)
Mechanical restraints shall be applied with only reasonable force necessary to restrain the juvenile.(3)
DJJ shall not use any type of mechanical restraint on a female juvenile during active labor and delivery of a child. Any exception shall require approval by and guidance on methodology from the Director of Medical Services and shall be based on documented security risks. The Director of Medical Services shall provide guidance on the use of restraints on a pregnant juvenile prior to active labor and delivery.Section 4.
Chemical Agents.(1)
The only chemical agent authorized for use on a juvenile shall be oleoresin capsicum (OC).(2)
Reactive use of a chemical agent shall be authorized by the trained staff being issued the chemical agent canister.(3)
A planned use of a chemical agent shall require authorization from the Superintendent or designee. If time and circumstances reasonably permit, the juvenile's individual client record and medical file, if available, shall be examined by appropriate staff to determine if the juvenile has a significant:(a)
Medical problem that may be adversely affected by the chemical agent; or(b)
History of psychotic behavior and whether the individual may react significantly different than anticipated to chemical agents.(4)
A juvenile shall receive a medical evaluation after being exposed to a chemical agent.(5)
If not in use or issued to staff, chemical agents shall be stored in a secure location with controlled access.Section 5.
Conductive Energy Devices.(1)
Conductive energy devices shall be used only after all lesser degrees of force have been tried or given due deliberate consideration.(2)
Use of a conductive energy device shall require authorization from the Superintendent or designee.(3)
If time and circumstances permit, the juvenile's individual client record and medical file, if available, shall be examined by appropriate staff to determine if the juvenile has a significant:(a)
Medical problem that may be adversely affected by the conductive energy device; or(b)
History of psychotic behavior and whether the individual may react significantly different than anticipated to conductive energy device.(4)
A juvenile shall receive a medical evaluation after the use of a conductive energy device.(5)
When not in use, conductive energy devices shall be stored in a secure location with controlled access.Section 6.
Reporting. An incident report shall be completed any time a physical restraint, chemical agent, or conductive energy device is used outside of authorized training. An incident report shall be completed any time a mechanical restraint is used on a juvenile outside of transport.HISTORY: (49 Ky.R. 2434; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at 12 noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through July 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frank-fort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the use of restraints and control methods for juveniles in the custody of or placed with the department.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation provides direction and information to department staff and juveniles concerning staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 632 DJJ employees, 348 juveniles and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Staff will be instructed and trained on proper restraint techniques as well as the use of chemical agents and conductive energy devices. Juveniles and their families will be informed of the type of restraints used as well as the possibility of chemical agents and conductive energy devices being used.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use tasers or pepper spray. These costs are for the numerous administrative regulations being filed.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the department and its facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(b) On a continuing basis:
An exact cost is unknown, but devices including chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is anticipated as estimated above.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.160, 15A.305, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(d) How much will it cost to administer this program for subsequent years?
An exact cost is unknown, but devices like chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost is unknown, but devices like chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency for the purchase of equipment and provision of training is anticipated.
505 KAR 1:210.Restraints and control methods.
Section 1.
Definitions.(1)
"Planned use" means the prearranged use of a chemical agent or conductive energy device to prevent loss of life, injury to staff or juveniles, damage to state property, escape, or to maintain the secure and orderly operation of the facility.(2)
"Reactive use" means the emergency use of a chemical agent or conductive energy device in response to a specific act to prevent loss of life, injury to staff or juveniles, damage to state property, or escape.Section 2.
Restraint or Control Actions.(1)
In addition to verbal commands and de-escalation, the restraint or control actions allowed shall include physical restraints, mechanical restraints, chemical agents, shields, and conductive energy devices including stun shields.(2)
The restraint or control action shall not be used as punishment.(3)
Staff shall not use any force-related equipment other than what is authorized.(4)
Only the minimum force necessary to accomplish the control action shall be used.(5)
Staff shall use only reasonable force to control the juvenile during a physical restraint.(6)
A show of force may be employed if it is deemed practical and appropriate to the situation. A show of force may include maneuvering by the cell entry team or display of force and equipment available for use if the necessity arises.Section 3.
Mechanical Restraints.(1)
Authorized mechanical restraints shall include handcuffs, flex-cuffs, leg shackles, waist chains, and other items authorized in writing by the commissioner of the department.(2)
Mechanical restraints shall be applied with only reasonable force necessary to restrain the juvenile.(3)
DJJ shall not use any type of mechanical restraint on a female juvenile during active labor and delivery of a child. Any exception shall require approval by and guidance on methodology from the Director of Medical Services and shall be based on documented security risks. The Director of Medical Services shall provide guidance on the use of restraints on a pregnant juvenile prior to active labor and delivery.Section 4.
Chemical Agents.(1)
The only chemical agent authorized for use on a juvenile shall be oleoresin capsicum (OC).(2)
Reactive use of a chemical agent shall be authorized by the trained staff being issued the chemical agent canister.(3)
A planned use of a chemical agent shall require authorization from the Superintendent or designee. If time and circumstances reasonably permit, the juvenile's individual client record and medical file, if available, shall be examined by appropriate staff to determine if the juvenile has a significant:(a)
Medical problem that may be adversely affected by the chemical agent; or(b)
History of psychotic behavior and whether the individual may react significantly different than anticipated to chemical agents.(4)
A juvenile shall receive a medical evaluation after being exposed to a chemical agent.(5)
If not in use or issued to staff, chemical agents shall be stored in a secure location with controlled access.Section 5.
Conductive Energy Devices.(1)
Conductive energy devices shall be used only after all lesser degrees of force have been tried or given due deliberate consideration.(2)
Use of a conductive energy device shall require authorization from the Superintendent or designee.(3)
If time and circumstances permit, the juvenile's individual client record and medical file, if available, shall be examined by appropriate staff to determine if the juvenile has a significant:(a)
Medical problem that may be adversely affected by the conductive energy device; or(b)
History of psychotic behavior and whether the individual may react significantly different than anticipated to conductive energy device.(4)
A juvenile shall receive a medical evaluation after the use of a conductive energy device.(5)
When not in use, conductive energy devices shall be stored in a secure location with controlled access.Section 6.
Reporting. An incident report shall be completed any time a physical restraint, chemical agent, or conductive energy device is used outside of authorized training. An incident report shall be completed any time a mechanical restraint is used on a juvenile outside of transport.HISTORY: (49 Ky.R. 2434; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at 12 noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through July 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frank-fort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the use of restraints and control methods for juveniles in the custody of or placed with the department.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation provides direction and information to department staff and juveniles concerning staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 632 DJJ employees, 348 juveniles and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Staff will be instructed and trained on proper restraint techniques as well as the use of chemical agents and conductive energy devices. Juveniles and their families will be informed of the type of restraints used as well as the possibility of chemical agents and conductive energy devices being used.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use tasers or pepper spray. These costs are for the numerous administrative regulations being filed.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the department and its facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(b) On a continuing basis:
An exact cost is unknown, but devices including chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is anticipated as estimated above.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.160, 15A.305, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(d) How much will it cost to administer this program for subsequent years?
An exact cost is unknown, but devices like chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost is unknown, but devices including conductive energy devices and chemical agents, shields, riot control suits and helmets, camera equipped vehicle partitions, and other items will be acquired to assist with control at some DJJ facilities at an approximate cost of $1,478,969.82. Training costs will also be incurred for each staff member who is authorized to use conductive energy devices and chemical agents. These costs are for the numerous administrative regulations being filed.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost is unknown, but devices like chemical agents will be reacquired as they are used or expire. Training costs will continue to be incurred for new staff authorized to use conductive energy devices and chemical agents. The conductive energy devices, cars with camera equipped security partitions, and other equipment will need to be replaced on an intermittent basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency for the purchase of equipment and provision of training is anticipated.